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Home My WebLink AboutORD 2010-013 2008-2010 COUNTY OF HAWAII :.(s\.ij..' STATE OF HAWAII BILL NO. 182 ( DRAFT" 2) ORDINANCE NO. 10 13 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 7, SECTION 24 -167 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO OPERATION OF VEHICLES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Purpose. The purpose of this measure is to amend the requirements for towing of vehicles and trailers. SECTION 2. Chapter 24, article 7, section 24 -167, Hawai`i County Code 1983 (2005 edition, as amended) is amended to read as follows: Section 24 -167. Towed vehicles [4 and trailers. (a) When one vehicle is towing another, the drawbar or other [emergency] connection shall be [: - - - _ - • • . _ - - : •] equipped with an additional safety chain or chains (stay chain or cable) adequate to hold such vehicle to the towing vehicle in the event of tow bar or other connection and /or coupling failure. Each chain or cable and its accompanying coupling and mounting devices shall have an ultimate strength equal to at least the gross weight of the vehicle. (b) No person shall operate a train of vehicles when any trailer, semi - trailer, or other vehicle being towed whips or swerves from side to side dangerously or unreasonably or fails to follow substantially in the path of the towing vehicle. (c) Every trailer or towed vehicle to be operated upon a public highway shall, in addition to a tow bar, be equipped with a safety chain or chains (stay chain or cable) adequate to hold such vehicle to the towing vehicle in the event of tow bar and /or coupling failure. Each chain or cable and its accompanying coupling and mounting devices shall have an ultimate strength equal to at least the gross weight of the trailer. (d) This section shall not apply to trailers or towed vehicles with a gross vehicle weight rating over 10,000 lbs equipped with full airbrakes that meet the Federal Motor Vehicle Safety Standards. SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. I SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: 7 'O ' CIL . BER, CO TY OF I- IAWAI`I Kona , Hawai'i Date of Introduction: January 6, 2010 Date of 1st Reading: February 3, 2010 Date of 2nd Reading: February 18, 2010 Effective Date: March 2, 2010 REFERENCE Comm. 642.4 7 I OFFICE OF THE COUNTY CLERK County ofHawai`i B 'p , `E. i - ) �i..t.✓ x _i Kona, Hawaii (Draft 2) ' to nn ' Q rt Introduced By: Guy Enriques L�8L4 CSILL � Date Introduced: January 6, 2010 AY�ES�:i`;NOES 4_UfABS EX First Reading: February 3 , 2010 Enriques '' •t ¢;':r Published: February 12, 2010 Ford X Greenwell X REMARKS: January 6, 2010 - Postponed . Hoffrnann X January 22, 2010 — Postponed Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X Second Reading: February 18, 2010 8 1 0 0 To Mayor: February 26, 2010 Returned: March 3, 2010 ROLL CALL VOTE Effective: March 2, 2010 AYES NOES ABS EX Published: March 10, : 2010 Enriques X Ford X REMARKS: Greenwel I X Hoffmann X Ikeda X • Naeole- Beason X Onishi X Yagong X Yoshimoto X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO ' f FORM AND LEGALITY: �. COUNCIL C'HA/RMAN DE° , CORPORATION COUNSEL . J \ (2 CO . OF HAWAI'I °°° COUNTY CLERK Date MAR - 1 2010 182 (Draft 2) Bill No.: C- 642.4/PWIRC -62 j Approved/Des proved this ■ h.-L day, Reference: Ord No.: 10 13 l'� AA 70 1 tJ _ A4AYOR, COUNTY OF HAWAII Ordinances Numbered 10 -13, 10 -14, 10 -15 „& 10 -16 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on February 18, 2010, by vote, as listed below: Ordinance 19 -13 (Bill 182, Draft 2): An Ordinance Amending Chapter 24, Article 7, Section 24 -167 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Operation of Vehicles. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Greenwell — 1; ABSENT: None; EXCUSED: None. Ordinance 10 -14 (Bill 187): An Ordinance Amending Ordinance No. 09 -65, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2009 to June Council Members Enriques, Ford, 2010. AYES: Co q , Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Greenwell — 1; ABSENT: None; EXCUSED: None. Ordinance 10 -15 (Bill 201): An Ordinance Further Amending Ordinance No. 08 -64, as Amended by Ordinance No. 09 -13 and Ordinance No. 09 -102, Relating to Extending Public Use of the Haleki`i Street Extension. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto -9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 10 -16 (Bill 202): An Ordinance Amending the State Land Use Boundaries Map for the County of I- lawai`i by Changing the District Classification From the Agricultural to the Urban District for die Proposed Kaloko Housing Program in Kailua -Kona Covered by Tax Map Key 7- 3- 009:055. AYES: Council Members Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong. and Chair Yoshimoto -9; NOES: None; ABSENT: None; EXCUSED: None. V'enneth G. Goodeno r County Clerk (Hawai`i Tribune-Herald — March 10, 2010) (West 1- lawai`i Today — March 10, 2010) Note: The original Digest /Affidavit is attached to Ordinance 10 -13. ,1 Bill Nos. 182 (Draft 2) and 187 I hereby certify that the following Bills passed first reading at the meeting of the Hawaii County Council on February 3, 2010, by vote as listed below: Bill 182, Draft 2: Amends Chapter 24, Article 7, Section 24 -167 of the Hawai`i County Code 1983 (2005 Edition, as Amended), Relating to Operation of Vehicles. Requires that when a vehicle is towing another, the drawbar or other connection be equipped with an additional safety chain(s) (stay chain or cable). Each chain or cable and its accompanying coupling and mounting devices shall have an ultimate strength equal to at least the gross weight of the vehicle. Requires that every trailer or towed vehicle to be operated upon a public highway shall, in addition to a tow bar, be equipped with a safety chain(s) (stay chain or cable). Each chain or cable and its accompanying coupling and mounting devices shall have an ultimate strength equal to at least the gross weight of the trailer. This section shall not apply to trailers or towed vehicles with a gross vehicle weight rating over 10,000 lbs. equipped with full airbrakes that meet the Federal Motor Vehicle Safety Standards. AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole- Beason, Onishi, Yagong, and Chair Yoshimoto — 8; NOES: Council Member Greenwell — 1; ABSENT: None; EXCUSED: None. Bill 187: Amends Ordinance No. 09 -65, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2009, to June 30, 2010; Adds PUBLIC WORKS: Wailoa Flood Channel Dredging ($200,000); funds shall be provided from General Obligation Bonds, Capital Projects Fund — Fund Balance and /or Other Sources ($200,000). AYES: Council Members Enriques, Ford, Hoffmann, Ikeda, Naeole- Beason, Onishi, and Chair Yoshimoto — 7; NOES: Council Member Greenwell — 1; ABSENT: Council Member Yagong — 1; EXCUSED: None. Kenneth G. Goodenow COUNTY CLERK (Hawai`i Tribune Herald — February 12, 2010) (West Hawai`i Today — February 12, 2010) Note: The original Digest /Affidavit is attached to Bill 182, Draft 2.